Labour and Employment Resources
Can my employer dismiss me without a hearing?
No, except in very limited cases, an employer must follow a fair procedure before you may be dismissed. This includes the notice of the allegations and allowing you the opportunity to respond before you may be dismissed.
Whats the difference between an unfair dismissal and an unfair labour practice?
An unfair dismissal refers to the termination of employment whilst an unfair labour practice relates to other unfair conduct by the employer, such as an unfair suspension or demotion.
How long do I have to refer a dispute to the CCMA?
An unfair dismissal must be refferred to the CCMA within 30 days. An unfair labour practice dispute must be refferred to the CCMA within 90 days.
What happens at the CCMA conciliation?
At conciliation the commissioner tries to resolve the dispute between the parties. If the parties cannot reach an agreement on how to resolve the dispute the commissioner issues a certificate of non resolution. The employee may then refer the matter for arbitration.
Can an employee be retrenched without a consultation?
No, Section 189 of the Labour Relations Act requries a consultation process to discuss issues such as alternatives to retrenchment, selection criteria, and severance pay before a retrenchment can proceed.
What is the minimum severance pay for retrenchment?
According to the Basic Conditions of Employment Act, an employee must be paid one weeks pay for every year worked.
Can my employer change my contractual terms unilaterally?
No - material changes to terms and conditions of employment usually require agreement by the employee, and must follow a proper consultation process.
What is constructive dismissal?
Constructive dismissal is when the employee resigns because the employer made his working life so intolerable that the employee had no other option but to resign.
Is an employee entitled to paid sick leave?
Yes - according to the Basic Conditions of Employment Act, an employee is entitled to sick leave equivalent to the number of days the employee would ordinarily work in a six week in a three year cycle.
Can I take my employer to the CCMA if I earn above the Basic Conditions of Employment Act threshold?
Yes - an employee is still entitled to take a matter to the CCMA even if the employee earns above the threshold stipulated in terms of the Basic Conditions of Employment Act.